Thanks for Sharing. Some interesting points raised. I guess ICANN's Board /
CEO have the answers to the issues raised ( in the event that this draft
letter is signed and sent).

Regards

Karel

On Sun, May 22, 2016 at 6:25 PM, Carlos Raúl Gutiérrez G. <[log in to unmask]>
wrote:

> Thanks Milton!
>
> Are we going to see the first public appearance before Congress of the new
> CEO this Tuesday???
>
> Please send the link!!!!!
>
> Carlos Raúl Gutiérrez
> +506 8837 7176
> Skype: carlos.raulg
> Current UTC offset: -6.00 (Costa Rica)
> On 22 May 2016, at 15:08, Mueller, Milton L wrote:
>
> Draft letter from Rubio circulating  in the Senate today.  Leaked.  Not
>> sure by who and don't know who will sign.  ICANN in emergency mode for
>> hearing Tuesday arguing against delay.
>>
>> Paul Rosenzweig
>> [log in to unmask]<mailto:
>> [log in to unmask]>
>> O: +1 (202) 547-0660
>> M: +1 (202) 329-9650
>> VOIP: +1 (202) 738-1739
>> www.redbranchconsulting.com<http://www.redbranchconsulting.com/>
>> My PGP Key<
>> http://www.redbranchchttp/redbranchconsulting.com/who-we-are/public-pgp-key/
>> >
>>
>>
>>
>> Dear Assistant Secretary Lawrence E. Strickling,
>>
>> We are writing to express our concerns as the National Telecommunications
>> and Information Administration (NTIA) reviews the proposal from the
>> Internet Corporation for Assigned Names and Numbers (ICANN) to transfer its
>> role regarding Internet Assigned Number Authority (IANA) functionality to a
>> global multi-stakeholder community.
>>
>> We commend the work of the current multi-stakeholder community to develop
>> a transition proposal that would maintain the security, stability, and
>> resiliency of the Internet's Domain Name System (DNS),   In the absence of
>> the historical role played by the United States in the IANA functions
>> process,  it is important that any new system enhance accountability and
>> transparency measures to bolster the multi-stakeholder model and ensure
>> that ICANN continues to meet the needs and expectations of customers and
>> partners of the IANA services.
>>
>> The care and dedication of the community in developing this proposal is
>> clear and there are many positive aspects to the proposal. However, the
>> Internet is too important to allow the transition to occur without
>> certainty that the proposed accountability measures are adequate and that
>> ICANN's new governance structure works properly. Therefore, we respectfully
>> request that you consider an extension of the NTIA contract with ICANN to
>> ensure that the many changes in the transition proposal are implemented,
>> operate as envisioned, and do not contain unforeseen problems, oversights,
>> or complications that could undermine the multi-stakeholder model or
>> threaten the openness, security, stability, or resiliency of the Internet.
>>
>>
>> The transition proposal would create a radically different governance
>> structure for ICANN. Specifically, it would establish an "Empowered
>> Community" that would possess key powers, including dismissal of Board
>> members and approval or disapproval of bylaw changes, designed to hold
>> ICANN and the Board accountable. Although promising in theory, this
>> structure and authority remains untested and it is unclear if the Empowered
>> Community would actually be able to exercise these powers with reasonable
>> facility.
>>
>> We are also concerned about the expanded role of governments in the
>> transition proposal. Under the proposal, the Government Advisory Committee
>> (GAC) would retain its privileged advisory role of being able to send
>> advice directly to the ICANN Board. However, governments would also be
>> granted new power and authority that they have never possessed in ICANN
>> through the full voting participation of the GAC in the Empowered
>> Community. The integrity of the bottom-up stakeholder process is one of the
>> pillars of the transition and ICANN must prevent governments from
>> exercising undue influence over the Internet. We are concerned that the
>> increased influence of the GAC could be used by governments to pressure
>> ICANN to act or impede multi-stakeholder efforts to block actions supported
>> by governments.  The IANA transition should not provide an opportunity for
>> governments to increase their influence; their role should remain advisory.
>>
>> Finally, there are many details of the proposal that have yet to be
>> developed, much less finalized. For instance, significant transparency
>> measures have been deferred to "work Stream 2" and will not be developed or
>> be in place before September 2016. Another outstanding issue is ICANN's
>> undefined commitment to human rights. We firmly support human rights, but
>> we are concerned that including this commitment into the ICANN bylaws could
>> encourage the organization to adopt decisions or consider activities
>> outside of ICANN's core competency. There is also the concern that, absent
>> the pressure of the transition, the commitment of ICANN to these matters
>> could be weakened.
>>
>> Currently, ICANN and Verisign are engaged in a 90 day parallel testing
>> period of the new IANA process.  This test is being conducted alongside the
>> usual process to make sure that the new technical process that would be in
>> place after the transition does not result in errors that could threaten
>> the security, stability, or resiliency of the DNS. This verification is so
>> important that, if any "unexplained differences" arise, both ICANN and
>> Verisign have announced that they would restart the test period.
>>
>> The accountability and governance of ICANN is just as important as the
>> technical and procedural changes of the transition proposal. Indeed,
>> failings or weaknesses in the accountability mechanisms or governance
>> structure would pose additional potential challenges to the openness of the
>> Internet and the multi-stakeholder model.
>> The new governance model that ICANN will transition to is unproven and
>> should also undergo parallel testing. Indeed, the ICANN Board itself
>> suggested last year when considering an early draft of the transition
>> proposal it would be prudent to delay the transition until the new
>> governance structure is in place and "ICANN has demonstrated its experience
>> operating the model and ensuring that the model works in a stable manner."
>> Although the current proposal is substantially different than that earlier
>> draft, the radically different governance structure currently proposed for
>> ICANN should elicit similar caution.
>>
>> In finalizing your review of this proposal, we request you consider an
>> extension of the NTIA contract with ICANN with the goal of ensuring that
>> the transition establishes a stable system that reinforces the
>> multi-stakeholder model and does not contain unforeseen problems or
>> consequences that could jeopardize the security, stability, and openness of
>> the Internet.
>>
>>
>> Thank you for your attention to this matter.  We look forward to hearing
>> from you
>>
>